Tag: Fingerprints

USA: Is the government able to require users to unlock smartphones via fingerprints?

25. May 2016

Most of the market leaders in smartphone manufacturing have been developing fingerprint sensors as a security measure in order to protect the smartphone against unauthorized access. However, legal complications might force them to reconsider this security measure.

As NBC reported, a woman in California was compelled by a search warrant to unlock her iPhone via fingerprint in February. Some experts say, that this falls in a legal gray area.

Although it has not been clarified why the FBI wanted the iPhone of the woman in California, as the search warrant did not specify the reason the FBI wanted access to the phone, only that it was granted. The smartphone, however, was found in the home of the boyfriend, who is a suspected gang member, as the Los Angeles Times reported in April.

Is there a difference in opening the smartphone via passcode and via fingerprint?

Neil Richards, a privacy law professor at Washington University, said that opening the smartphone with a passcode violates the Fifth Amendment protection against self-incrimination, whereas the use of a fingerprint provides law enforcement some legal cover. He went on “Most people don’t draw a distinction between a fingerprint and a password, but the law does”.  The problem is due to the fact that the laws have been made before smartphones were invented. According to the respected law, it is allowed to collect physical evidence during the course of an arrest, such as DNA evidence or fingerprints. Therefore, typing a passcode, for example 1-2-3-4, in order to access a smartphone counts as testimonial whereas the fingerprint sensor that also opens the smartphone, only with biometric data instead of a password, can be seen as physical evidence.

Due to the fact that eight people are killed and 1,161 are injured every day in the USA as a result of distracted driving, there is the discussion to implement a test for texting while driving. As the New York times reported that the state legislature considers roadside tests called the Textalyzer. Police officers would be able to plug a cellphone into a laptop and determine if it was used while driving. However, in case a police officer looks at the content of a phone the Textalyzer could cause a number of privacy problems.

Richards concluded “They’re going to start thinking twice about nudging people toward just using fingerprints. It is secure against private parties, but under current law, it’s not as secure against the government.”

 

Category: USA
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